[Ord. No. 2006.19 §1, 6-12-2006]
A.
Authorization. The City Administrator shall be the administrative
officer authorized by the Board of Aldermen to administer and enforce
these regulations with the assistance of the City Clerk and Building
Inspector, as may be appropriate and necessary.
B.
Duties Of The Administrative Officer. The administrative
officer shall enforce these regulations and, in addition thereto and
in furtherance of said authority, they shall:
1.
Approve and issue all zoning and occupancy certificates and make
and maintain records thereof.
2.
Conduct inspections of structures and uses of land to determine compliance
with the provisions of the zoning regulations.
3.
Receive, file and forward to the Board of Adjustment the records
in all appeals and all applications for variances.
4.
Maintain permanent and current records of the zoning regulations
including, but not limited to, all zoning maps, amendments, variances,
appeals and applications therefore and records of hearing thereon.
5.
Maintain for distribution to the public a supply of copies of the
Zoning Map or maps, the compiled text of the zoning regulations and
the rules of the Board of Adjustment.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Any
party desiring any subdivision regulations, change in zoning district
boundaries or regulations contained in this zoning ordinance as to
any lot, tract or area of land shall file with the administrative
officer an application and such application shall be accompanied by
such data and information as prescribed in these regulations, including
a certified list of property owners who are required to be notified
of a public hearing as provided in these regulations. When the consideration
of an application requires a public hearing, the following shall apply:
1.
Purpose. The purpose of a public hearing is to provide
the applicant and all other interested parties a reasonable and fair
opportunity to be heard, to present evidence relevant to the application
and to rebut evidence presented by others.
2.
Procedures. The procedure for requesting a hearing
shall be as follows:
a.
All applications to shall be in writing on forms provided by the
City.
b.
The City shall fix a reasonable time for the hearing of an application and notice of the time, place and subject of each hearing shall be published in the official newspaper pursuant to Section 405.179.
c.
All applications shall be accompanied by an ownership list, obtained from County records, listing the legal description and the name and address of the owners of all property located within two hundred (200) feet of the boundaries of the property included in the application. Notice to surrounding property owners shall be made by the applicant pursuant to Section 405.180.
d.
An application shall be accompanied by a filing fee as established
by the Board of Aldermen. A separate filing fee shall be required
for each request.
3.
Continuance. Any applicant or authorized agent shall have the right to one (1) continuance of a public hearing before the Commission, Governing Body or Board. No additional notices shall be required, except if a hearing is continued to an unspecified date, notice pursuant to Section 405.179 "Publication Notices" and Section 405.180 "Notices To Surrounding Property Owners" shall be required to officially schedule the subsequent date and place of the continued hearing. If a second (2nd) continuance is required it shall be treated as a new public hearing. Notice for the new hearing shall be accordance with Section 405.179 "Publication Notices" and Section 405.180 "Notice To Surrounding Property Owners".
[Ord. No. 2006.19 §1, 6-12-2006]
A.
A publication
notice for all public hearings required by this Chapter shall be published
in one (1) issue of a newspaper published in the City or, if no newspaper
is published in the City, a newspaper of general circulation in the
City. At least fifteen (15) days, but no more than thirty (30) days,
shall elapse between the date of such publication and the date set
for hearing. It shall be the City's responsibility to make sure said
public notice is published pursuant to this Section. This notice shall
contain:
[Ord. No. 2006.19 §1, 6-12-2006]
A.
In addition to the publication notice referenced in Section 405.179, an applicant requesting a variance, special use or zoning amendment shall provide the addresses and owners, as recorded in the office of the Register of Deeds for St. Francois County, Missouri, and as appears from the authentic tax records of the County, of all property within two hundred (200) feet in each direction of the location for which the rezoning, variance or special use is requested. Making notice of the hearing to the neighboring owners of record is the applicant's responsibility and shall be sent by regular mail within fifteen (15) days of the scheduled hearing, but shall not be sent more than thirty (30) days prior to the scheduled hearing. The notice shall include the time and place of the public hearing and a statement regarding the purpose of the hearing including, but not limited to, the following:
1.
Where the hearing is for consideration of changes in the text of
this Chapter or a general revision of the boundaries of zoning districts,
the notice shall contain a statement regarding the proposed changes
in the Chapter or in the boundaries of the zone or district.
2.
Where the hearing is for an application that relates to specific
property, the property shall be designated by its legal description
and general street location.
3.
Where the hearing is for a variance to this Chapter, the notice shall
contain the address of the location for which the variance is requested
and a brief statement of what the proposed variance consists.
B.
When
the notice has been properly addressed and deposited in the mail,
failure of a party to receive such notice shall not invalidate any
subsequent action taken by the Planning and Zoning Commission or the
Board of Aldermen. Such notice is sufficient to permit the Planning
and Zoning Commission to recommend amendments to zoning regulations
which affect only a portion of the land described in the notice or
which give all or any part of the land described a zoning classification
of lesser change than that set forth in the notice. At any public
hearing held to consider a proposed rezoning, an opportunity shall
be granted to interested parties to be heard.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Submittal. All applications for any planning and zoning
action within the City shall be submitted thirty (30) days prior to
the first (1st) required meeting or hearing and subject to the following:
1.
Applications shall be completed in their entirety as specified in
the application. If any item is felt by the applicant to be inapplicable
to the proposed action, the applicant shall provide a written explanation
of why such item is inapplicable and thus not completed;
2.
Applications are not deemed acceptable until all required items on
the application are met or written explanation is submitted;
3.
Following the submittal of an application, staff shall have fourteen
(14) calendar days to respond to the application submittal and determine
its acceptability; and
4.
The application, if incomplete or deemed to be unacceptable by City
staff, shall result in the application being excluded from public
meeting agendas indefinitely until all requirements are met.
B.
Submittal Dates. Applications and all required materials
and supplemental data shall be submitted in accordance with the City's
application and review schedule.
C.
Applications — Appeals. In addition to the proceeding
requirements, certain applications require additional information
as follows:
1.
An application for an appeal shall be filed within sixty (60) days
after a ruling has been made by the administrative officer.
2.
A copy of the order, requirement, decision or determination of the
administrative officer, which the applicant believes to be in error,
shall be submitted.
3.
A clear and accurate written description of the proposed use, work
or action in which the appeal is involved and a statement justifying
the appellant's position.
4.
Where necessary, a plot plan, drawn to scale, in duplicate, showing
existing and proposed plans for the area in question shall be submitted.
D.
Applications — Variances. In addition to the above
requirements, certain applications require additional information
as follows:
1.
The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested; and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions (findings) as set forth in Article XII, Section 405.164 Subsection (3) items (a — e).
2.
The applicant shall submit a sketch, in duplicate, drawn to scale
and showing the lot or lots included in the application, the structures
existing thereon and the structures contemplated necessitating the
variance requested. All appropriate dimensions and any other information
that would be helpful in the consideration of the application should
be included.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Applicability. Building permits shall be required for the
construction, moving, remodeling or reconstruction of any structure.
B.
Application For Building Permit. Every application for a
building permit shall include at least the following:
1.
A plat, in duplicate, of the piece or parcel of land, lot, lots,
block or blocks or parts or portions thereof, drawn to scale showing
the actual dimensions of the piece or parcel, lot, lots, block or
blocks or parts or portions thereof, according to the recorded plat
of such land.
2.
A plot plan, in duplicate, drawn to scale and in such form as may,
from time to time, be prescribed by the Building Official, showing
the location, ground area, height and bulk of all present and proposed
structures, drives and parking lots, the structure lines in relation
to lot lines, waste disposal areas, the use to be made of such present
and proposed structures on the land and such other information as
may be required by the Building Official for the proper enforcement
of these regulations.
3.
One (1) copy of both the plat and the plot plan shall be retained
by the Building Official as a public record.
C.
Issuance Of Building Permit. A building permit shall be
issued or refused by the Building Official within ten (10) days after
the receipt of an application or within such further period as may
be agreed to by the applicant. No occupancy permit shall be issued
unless all the zoning requirements of these regulations are met and
"as built" drawings showing any deviation from the official construction
documents have been approved. "As built" drawings must include results
of a post-construction survey. The post-construction survey shall
include, but not be limited to, the following:
1.
Elevation of all structures, including sanitary sewer manholes, storm
sewer inlets, pipe inverts and structure top elevations;
2.
Final adjusted stationing of all structures including, but not limited
to, valves, hydrants and blow-off assemblies; and
3.
Final adjusted contours as featured in the approved grading and drainage
plans.
D.
Period Of Validity. A building permit shall become null
and void six (6) months after the date on which it is issued unless
within such six (6) month period construction, moving, remodeling
or reconstruction of a structure is commenced or a use is commenced.
[Ord. No. 2006.19 §1, 6-12-2006]
A.
Applicability. No structure or addition thereto constructed,
built, moved, remodeled or reconstructed after the effective date
of these regulations shall be occupied or used for any purpose; and
no land vacant on the effective date of these regulations shall be
used for any purpose; and no use of any land or structure shall be
changed to any other use, unless an occupancy certificate shall first
have been obtained from the office of the Building Official certifying
that the proposed use or occupancy complies with all the provisions
of these zoning regulations.
B.
Application For Occupancy Certificate. Every application
for a building permit shall be deemed to be an application for an
occupancy certificate. Every application for an occupancy certificate
for a new or changed use of land or structures where no building permit
is required shall be filed with the office of the Building Official
and be in such form and contain such information as the Building Official
shall provide by general rule.
C.
Issuance Of Occupancy Certificate. No occupancy certificate
for a structure or addition thereto constructed, built, moved, remodeled
or reconstructed after the effective date of these regulations shall
be issued until such work has been completed and the premises inspected
and certified by the office of the Building Official to be in full
and complete compliance with the plans and specifications upon which
the building permit was issued. No occupancy certificate for a new
use of any structure or land shall be issued until the premises have
been inspected and certified by the office of the Building Official
to be in full and complete compliance with all the applicable regulations
for the zoning district in which it is located. Pending the issuance
of a permanent occupancy certificate, a temporary occupancy certificate
may be issued to be valid for a period not to exceed six (6) months
from its date pending the completion of any addition or during partial
occupancy of the premises. An occupancy certificate shall be issued
or written notice shall be given to the applicant stating the reasons
why a certificate cannot be issued within ten (10) days after the
receipt of an application therefore or after the office of the Building
Official is notified in writing that the structures or premises are
ready for occupancy.
D.
No person shall occupy, rent, or lease to another for occupancy any
dwelling, dwelling unit, rooming unit, temporary housing unit, commercial
building, or commercial space without an occupancy permit. An occupancy
permit shall not be issued until the premises has been inspected for
compliance with this Chapter and all applicable inspection fees paid.
Premises occupied by the owner, being leased or rented, at the time
of passage of this Chapter shall not require an occupancy permit until
such time as there is a change in the proposed occupancy.
[Ord. No. 2019.02, 1-14-2019]
[Ord. No. 2006.19 §1, 6-12-2006]
A.
The
owner or agent of a structure or premises in or upon which a violation
of any provision of this regulation has been committed or shall exist;
or the lessee or tenant of an entire structure or entire premises
in or upon which violation has been committed or shall exist; or the
agent, architect, structure or premises in or upon which violation
has been committed or shall exist shall be punished by a fine not
to exceed two hundred dollars ($200.00) for each offense. Each and
every day that such violation continues shall constitute a separate
offense.
B.
In
case any structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any structure or land is used
in violation of this regulation, the appropriate authorities, in addition
to other remedies, may institute injunction, mandamus or other appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance of use or to correct
or abate such violation or to prevent the occupancy of said structure
or land.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2018.21, 5-14-2018]
A.
The
following non-refundable fees shall be paid by the applicant at the
time application is submitted or filed, except no fee shall be required
for an application by the administrative official, the Zoning Board
of Appeals, Board of Aldermen or the Planning and Zoning Commission.
1.
Appeals to Zoning Board of Appeals: $100.00.
2.
Appeals to the Board of Aldermen: $100.00.
3.
Variances: As required by the Board: $125.00.
4.
Zoning district amendment: $250.00.
5.
Zoning text amendments: $250.00.
6.
Conditional use permits: $125.00.
7.
Site plan reviews: As required by the Board: $125.00; Appeals: $50.00.
9.
Occupancy permit: As required by the Board.
11.
Cell towers: $500.00.
12.
Building permits: See Municipal Code.
13.
Minor Lot Split/Consolidation: $30.00.
